ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	House: ED DP 9-0-0-0 | APPROP DP 12-1-0-0 | 3rd Read 57-3-0-0 Senate: ED DPA/SE 7-1-0-0 | 3rd Read 29-0-1-0

---

HB 2123: CTEDs; fourth-year funding

NOW: pupil suspensions and expulsions; schools

Sponsor: Representative Udall, LD 25

Senate Engrossed

The House Engrossed version of HB 2123 allows a career technical education district to include students who are in the 9th grade, in the school year immediately following graduation or enrolled in an internship course in student count or average daily membership.

The Senate adopted a strike-everything amendment that does the following:

Overview

Outlines the circumstances in which a school district or charter school (school) may suspend or expel a student in a kindergarten program or the 1st-4th grades.

History

Under current law, students of any age or grade may be expelled for: 1) continued open defiance of authority or disruptive or disorderly behavior; 2) violent behavior that includes a dangerous instrument or deadly weapon; 3) use or possession of a gun; 4) damaging school property; or 5) other actions for which the school district deems worthy of expulsion. A student may also be expelled for excessive absenteeism only if the student has reached the age or completed the grade after which school attendance is not required. A school district may annually, or upon the request of any student, or a parent or guardian, review the reasons for expulsion and consider readmission.

A school must expel a student for at least one year for threatening an educational institution or for bringing a firearm to a school. However, expulsion may be modified in these instances on a case-by-case basis if the student participates in mediation, community service, restitution or other programs in which the student takes responsibility for the results of the threat. 

A school may reassign a student to an alternative education program if the student: 1) refuses to comply with rules; 2) refuses to pursue the required course of study; or 3) refuses to submit to the authority of teachers, administrators or the governing board. School districts must administer alternatives to suspension programs and have policies to determine requirements for student participation  (A.R.S. §§  15-841, 15-842).

A school district governing board must prescribe rules which require a notice and hearing procedure for cases concerning the suspension of a student for more than 10 days and procedures and conditions for readmitting a student who has been expelled or suspended for more than 10 days (A.R.S. § 15-843).

Provisions

1. Stipulates that a school may only suspend or expel a student in a kindergarten program or the 1st-4th grades if all the following apply:

a) The student is at least seven years old;

b) The student engaged in conduct on school grounds that meets one of the following criteria:

i. Involves the unauthorized possession of a dangerous weapon;

ii. Involves the possession, use or sale of a dangerous drug, narcotic drug or violates drug free school zones;

iii. Immediately endangers the health or safety of others; or

iv. The student's behavior is determined by the school governing board or governing body to qualify as aggravating circumstances;

c) Failing to remove the student from the school building would create a safety threat that cannot be reasonably addressed or qualifies as aggravating circumstances;

d) The school considers and employs, if feasible while maintaining the health and safety of others and in consultation with the student's parent or guardian to the extent possible, alternative behavioral and disciplinary interventions; and

e) The school provides readmission policies for:

i. Students who have served at least five school days of a suspension that exceeds 10 school days, upon parental appeal; and

ii. Students who are expelled from or subject to alternative reassignment, upon parental appeal, at least 20 school days after the effective date of the expulsion or reassignment. (Sec. 3)

2. Clarifies that a school is still required to expel a student in a kindergarten program or the 1st-4th grades for at least one year if the student brings a firearm, as defined by federal law, to a school. (Sec. 3)

3. Specifies that the alternative behavioral and disciplinary interventions must be available to the school, appropriate to the circumstances and considerate of health and safety. (Sec. 3)

4. Requires the school to document the alternative behavioral and disciplinary interventions it considers and employs. (Sec. 3)

5. Provides that all the following must apply if the student's behavior is determined to qualify as aggravating circumstances:

a) The student is engaged in persistent behavior that has been documented by school and that prevents other students from learning or prevents the teacher from maintaining control of the classroom environment;

b) The student's ongoing behavior is unresponsive to targeted interventions as documented through an established intervention process that includes consultation with a school counselor, school psychologist or other mental health professional or social worker if available;

c) The student's parent was notified and consulted about the ongoing behavior; and

d) Prior to a long-term suspension or expulsion, the school provides the student with a disability screening and the screening finds that behavioral issues were not the result of a disability. (Sec. 3)

6. Defines aggravating circumstances to mean a student has engaged in persistent behavior that:

a) Has been documented by the school;

b) Prevents other students from learning or prevents the teacher from maintaining control of the classroom environment; and

c) Is unresponsive to targeted interventions as documented through an established intervention process. (Sec. 3)

7. Makes technical and conforming changes. (Sec. 1, 2, 3)

8.

9.

10. ---------- DOCUMENT FOOTER ---------

11.                   HB 2123

12. Initials CH Page 0 Senate Engrossed

13.

14. ---------- DOCUMENT FOOTER ---------